Few legal matters carry more weight than a dispute over the custody of your children. Whether you are going through a divorce, establishing a parenting arrangement after a separation, or seeking to modify an existing custody order, the decisions made in your case will shape your children's lives — and your relationship with them — for years to come. Having an attorney who genuinely understands Texas custody law and fights for your parental rights is not optional; it is essential.
The Law Office of Ryan Putz represents parents in child custody and conservatorship matters throughout Walker County, practicing regularly in the 12th District Court in Huntsville. Ryan Putz is committed to helping parents understand their rights, navigate the legal process with confidence, and achieve custody arrangements that put their children's wellbeing first while protecting the parent-child bond.
How Texas Defines Custody:
Conservatorship and Possession
Texas courts operate under the presumption that the appointment of both parents as joint managing conservators is in the best interest of the child. This presumption can be overcome by evidence of family violence, abuse, or other circumstances that make joint decision-making unsafe or unworkable — but overcoming that presumption requires a compelling evidentiary case.
Texas uses different terminology than most states when it comes to child custody. Understanding these terms is essential to understanding how your case will be handled in the Texas Family Court system:
Conservatorship
Legal custody — the right and duty to make decisions about the child's upbringing, education, healthcare, and welfare
Managing Conservator
The parent (or both parents) with decision-making rights and responsibilities
Possessory Conservator
A parent who has the right to possession of and access to the child but does not share in the major decision-making rights
Possession and Access
Physical custody — when each parent has the child physically in their care, and the schedule governing that time
The default possession schedule established by the Texas Family Code, typically used as the baseline in Walker County cases
Types of Conservatorship in Texas
Joint Managing Conservatorship (JMC)
Joint Managing Conservatorship is the default arrangement in Texas and the one most Walker and Montgomery County judges prefer to order unless the evidence shows it is not in the child's best interest. Under JMC, both parents share the rights and duties of conservatorship — but "joint" does not necessarily mean equal time or equal rights on every decision. The court's order specifies which rights are held exclusively by one parent and which are shared jointly.
JMC does not automatically mean the child spends equal time with both parents. One parent is typically designated as the parent with the right to designate the child's primary residence, and the other parent receives a possession schedule under the Standard Possession Order or a custom schedule. The primary residence designation has significant practical implications — it determines where the child lives primarily, which parent receives child support, and often affects school enrollment.
Sole Managing Conservatorship (SMC)
Sole Managing Conservatorship grants one parent the exclusive right to make virtually all significant decisions about the child's life, including education, non-emergency medical care, and decisions about the child's psychological and psychiatric treatment. The other parent is typically named Possessory Conservator with a possession schedule but limited decision-making rights.
Texas Family Code § 153.004 creates a rebuttable presumption against appointing a parent as managing conservator if that parent has a history of family violence within the preceding two years. Courts may also award SMC when one parent has a documented history of:
• Physical or sexual abuse of the child or the other parent
• Severe substance abuse that impairs parenting ability
• A course of conduct that endangers the child's physical health or emotional development
• Repeated violations of possession orders or interference with the other parent's relationship with the child
Possessory Conservatorship
A Possessory Conservator is a parent who does not hold managing conservator rights but retains the right to possession of and access to the child under a court-ordered schedule, as well as certain baseline rights that cannot be taken away — such as the right to receive information about the child's health and education, and the right to be listed as an emergency contact. Possessory conservatorship is most commonly the status of the non-primary parent in an SMC arrangement.
Click Here for our blog post on High-Conflict Custody Disputes in Texas.
Rights and Duties of Managing Conservators
Texas Family Code § 153.073 sets out the rights that each parent retains at all times regardless of the custody arrangement. Beyond those baseline rights, the court's order designates which additional rights are "exclusive" (held by one parent alone) and which are "joint" (requiring mutual agreement or both parents can exercise independently). The most important decision-making rights in a typical Walker or Montgomery County JMC order are:
Right / Decision
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Primary residence designation (Typically awarded to one parent exclusively)
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Consent to non-emergency medical/dental (Typically an independent decision for each parent)
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Decisions about education and school (Can be joint or exclusive to one parent)
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Consent to psychiatric/psychological (Can be joint or exclusive to one parent)
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Right to receive child support (Typically awarded to the parent receiving child support)
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Right to consent to marriage or enlistment (Typically Joint)
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Right to receive health/education information (Both parents — always retained)
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Right to be listed as emergency contact (Both parents — always retained)
Negotiating the allocation of these rights — particularly in a JMC arrangement — is one of the most important and often overlooked aspects of a custody case. The difference between a right being "exclusive" and "joint" can have enormous practical consequences. Ryan R. Putz works carefully with clients to understand their priorities and advocate for an allocation of rights that reflects those priorities.
The Best Interest of the Child Standard
Every custody decision in a Texas court — whether at a temporary orders hearing or a final trial — is governed by the best interest of the child standard. Texas courts apply the factors first articulated by the Texas Supreme Court in Holley v. Adams, 544 S.W.2d 367 (Tex. 1976), and since codified and expanded in the Texas Family Code. These factors include:
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The child's desires and preferences (factored based on the child's age and maturity)
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The child's current and future emotional and physical needs
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Any emotional or physical danger to the child currently or in the future
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The parenting abilities of each individual seeking custody
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The programs available to assist each parent in promoting the best interest of the child
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The plans for the child held by each parent or other party seeking custody
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The stability of each parent's home environment
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The acts or omissions of each parent that indicate the existing relationship is improper or poor
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Any excuse for the acts or omissions of each parent
No single factor is determinative — the court weighs all relevant factors together. Evidence of domestic violence, substance abuse, criminal history, prior child protective services involvement, and a parent's willingness to foster the child's relationship with the other parent all feed into the best-interest analysis. Ryan R. Putz builds cases around the facts that matter most to the Walker County and Montgomery County court's best-interest determination.
Possession and Access — Physical Custody in Texas
The Standard Possession Order (SPO)
The Texas Standard Possession Order is the default possession schedule and the starting point for most Walker County custody arrangements. Unless the parties agree to a different schedule or the court finds that the SPO is not in the child's best interest, the SPO applies automatically when the parents live within 100 miles of each other.
Under the standard SPO, the non-primary parent receives:
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Alternating weekends from Friday when school is dismissed or at 6:00 p.m. to Sunday at 6:00 p.m. or school dropoff on Monday morning
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Every Thursday evening during the school year from 6:00 p.m. to 8:00 p.m.
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Alternating holidays including Thanksgiving, Christmas, spring break, and other holidays
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30 days of extended summer possession, with specific notice requirements
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Father's Day and Mother's Day with the respective parent
When Parents Live More Than 100 Miles Apart
When the parents reside more than 100 miles apart, the SPO shifts. The non-primary parent receives one weekend per month (the parent chooses which), extended possession during spring break, and either 42 days of summer possession or a modified summer schedule. The Thursday evening possession is eliminated given the distance. This schedule recognizes that frequent exchanges are not practical when parents live far apart.
Customized and Modified Possession Schedules
The SPO is a baseline — not a ceiling. Parents can agree to any possession schedule that works for their family, and courts can order custom schedules when the circumstances warrant it. Common reasons for a modified schedule include:
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The child's age — infants and toddlers often benefit from more frequent, shorter exchanges rather than the SPO's longer blocks
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A parent's work schedule — shift work, travel, or non-traditional hours may require a customized rotation
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The child's school, extracurricular, or therapeutic needs
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Geographic distance between the parents' homes
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A history of family violence or substance abuse requiring supervised possession
Ryan R. Putz works with clients to develop possession schedules that are realistic for their lives, genuinely serve their children's needs, and reduce the potential for future conflict.
Parenting Plans — Building an Agreement That Works
When parents are able to cooperate, negotiating a detailed parenting plan is one of the most valuable things they can do for their children. A well-drafted parenting plan addresses not just the basic possession schedule but also:
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Holiday schedules for all major holidays, school breaks, and special occasions
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Decision-making protocols — how the parents will communicate about and resolve disagreements on education, healthcare, and extracurricular activities
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Procedures for scheduling make-up time when a possession period is missed
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Communication rules — how the child communicates with the non-present parent during the other parent's possession time
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Travel notice requirements — advance notice when either parent plans to travel out of the area with the child
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Right of first refusal — whether the other parent must be offered time with the child before a third-party caregiver is used during the parent's possession time
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Transportation arrangements — who is responsible for pickup and dropoff, and at what location
A parenting plan that anticipates and resolves these issues in advance dramatically reduces the likelihood of future disputes and court proceedings. The Law Office of Ryan Putz drafts detailed and enforceable parenting plans that give families a real framework for co-parenting.
Texas custody orders almost always include a geographic restriction limiting the child's primary residence to a specific county or adjacent counties. The geographic restriction is designed to preserve each parent's relationship with the child and prevent unilateral relocation that would effectively destroy one parent's ability to exercise their possession rights.
Standard Geographic Restriction in Walker County
In Walker County cases, a typical geographic restriction limits the child's primary residence to Walker County and counties contiguous to Walker County (which include Madison, Trinity, San Jacinto, Montgomery, and Grimes counties). This gives the primary parent the ability to relocate within the region while keeping the child within a reasonable distance of the other parent.
Seeking Permission to Relocate
If you need to move outside the geographic restriction — whether for a job opportunity, family support, or other reasons — you have two options: obtain the written agreement of the other parent or file a motion to modify the custody order and seek the court's permission to relocate. The court evaluates relocation requests under the best-interest standard, considering factors such as the reason for the move, the impact on the non-relocating parent's possession rights, the availability of a revised possession schedule, and the child's ties to both parents and communities.
Preventing Unauthorized Relocation
If the other parent has relocated or is threatening to relocate the child outside the geographic restriction without your agreement or a court order, we can take immediate action — including an emergency motion to enforce the geographic restriction and, if necessary, a writ of habeas corpus for the return of the child. Unauthorized relocation is a serious violation of the custody order and can affect future custody modification proceedings.
The Child's Preference in Texas Custody Cases
Texas Family Code § 153.009 requires a court to interview a child who is 12 years of age or older in a contested custody case if a parent requests the interview. The court meets privately with the child — in chambers, without the parents present — to discuss the child's preferences regarding conservatorship and possession.
The child's preference is one factor the court considers, not a binding directive. A judge will take into account the child's maturity, the reasoning behind the preference, whether the preference appears to be the product of coaching or parental influence, and how the stated preference aligns with the other best-interest factors. Older, more mature children carry more weight; younger children or those who appear to be repeating a parent's talking points carry less.
Children younger than 12 may also be interviewed at the court's discretion, though courts are more cautious about doing so given developmental concerns. We advise clients carefully on how to handle the child's preferences — including how to have appropriate, honest conversations with your children about the process without crossing into coaching or manipulation.
Child Custody When Parents Were Never Married
Custody disputes are not limited to divorcing spouses. Unmarried parents who separate face the same conservatorship and possession questions — but with an important difference: paternity must be legally established before a father can seek conservatorship rights or be ordered to pay child support.
Paternity can be established by:
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Acknowledgment of Paternity (AOP) — a form signed by both parents at or after the child's birth, filed with the state
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Court order — a suit to adjudicate parentage, which may include DNA testing if paternity is disputed
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Presumed paternity — Texas law presumes paternity in certain circumstances, such as when the parents were married at the time of the child's birth
Once paternity is established, the court can enter a Suit Affecting the Parent-Child Relationship (SAPCR) addressing conservatorship, possession, access, and child support — the same framework that applies in a divorce. Ryan Putz handles SAPCRs for unmarried parents and helps fathers take the legal steps necessary to establish and protect their parental rights.
A custody order entered by the 12th District Court is not necessarily permanent. Texas law allows modification of conservatorship and possession orders when there has been a material and substantial change in circumstances affecting either a parent or the child since the order was entered. Common grounds for modification include:
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A parent's relocation that makes the existing possession schedule unworkable
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A significant change in the child's needs — educational, medical, therapeutic, or otherwise
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Documented concerns about the child's safety or wellbeing in the current arrangement
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A parent's remarriage, new partner, or change in household composition that affects the child
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The child reaching age 12 and expressing a preference for a different arrangement
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A parent's substantial change in work schedule that affects their ability to exercise possession
Modification proceedings follow the same process as the original custody case — filing a petition, serving the other parent, and proceeding through mediation or trial. The parent seeking modification bears the burden of proving both the material change and that modification is in the child's best interest. We evaluate whether your circumstances meet the threshold and build the strongest possible case for the change you need.
Interstate Custody — The UCCJEA
When parents live in different states, or when one parent has moved to another state with the child, determining which state's court has jurisdiction to enter or modify a custody order becomes critical. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), adopted in Texas as Chapter 152 of the Family Code, governs these questions.
Under the UCCJEA, Texas courts generally have jurisdiction to make an initial custody determination if Texas is the child's "home state" — meaning the child has lived in Texas for the six consecutive months immediately before the proceeding. If a Texas court has entered a custody order, it retains exclusive continuing jurisdiction over the case as long as the child or at least one parent continues to live in Texas.
Interstate custody issues — particularly when a parent has relocated without authorization or when jurisdiction is disputed — require prompt legal action. If you are facing an interstate custody dispute, contact us immediately so we can assess which state's court has jurisdiction and what steps to take to protect your rights.
Why Choose Law Office of Ryan Putz for Your Custody Case?
Child custody is the most personal and consequential issue in family law. The attorney you choose should have both the legal knowledge to navigate the system and the genuine commitment to protect your relationship with your children. The Law Office of Ryan Putz brings both.
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Focused family law practice — child custody is not a sideline; it is at the core of what we do
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Local court knowledge — Ryan Putz practices regularly in the 12th District Court and understands Walker County's custody jurisprudence
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Experienced in contested hearings and negotiated agreements — fully prepared to take your case to trial when necessary
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Skilled at drafting detailed parenting plans that reduce future conflict
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Handles all custody-related matters — initial orders, modifications, geographic restriction disputes, relocation, and interstate cases
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Represents both mothers and fathers with equal commitment to protecting parental rights
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Personal attention — you work directly with Ryan Putz, not a paralegal
The Law Office of Ryan Putz serves clients throughout Walker County, including Huntsville and surrounding communities, and Montgomery County from our satellite office in The Woodlands. We also serve clients in San Jacinto County, Madison County, and Trinity County.
